Affidavit of Support

[js1234]

I am currently working in the US on a L1A visa that expires 3/31/06 and got married to a US citizen last year. I'm about to apply for a green card and have a question about the affidavit of support.

For the last three years my wife has exceeded the minimum income requirements. This year, she most likely will, but based only on accounts she has recently signed and started to collect on (she works in commission-based sales). If you looked at her pay statements right now and pro-rated her annual income based on income to date, she probably won't make it. We plan to get her employer to write a letter stating that her estimated annual income will be enough. Will this be sufficient? (I assume my income cannot be taken into account.)

Thanks again for any help

j

 

[ari4u]

I am currently working in the US on a L1A visa that expires 3/31/06 and got married to a US citizen last year. I'm about to apply for a green card and have a question about the affidavit of support.

For the last three years my wife has exceeded the minimum income requirements. This year, she most likely will, but based only on accounts she has recently signed and started to collect on (she works in commission-based sales). If you looked at her pay statements right now and pro-rated her annual income based on income to date, she probably won't make it. We plan to get her employer to write a letter stating that her estimated annual income will be enough. Will this be sufficient? (I assume my income cannot be taken into account.)

Thanks again for any help

j

1. You could use your income if it meets the minimum requirement AND you and your wife have been living at the same address for atleast 6 months. You have to file I-864A
2. If your wife meets the minimum requirements, you dont have to necessarily use your income. All she needs to do is to submit copies of the federal tax returns for the previous three years and proof of employment/income with the I-864.